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A class action lawsuit claims the packaging for Welch’s Fruit Snacks is designed to make consumers think they’re getting more product than what’s actually in the box.
Plaintiff Kristin Grisham says defendant Welch Foods Inc. has been leaving too much empty space, or “slack-fill,” in the packaging for its Welch’s Fruit Snacks. The alleged excess of slack-fill runs contrary to federal and state consumer protection laws, she claims.
The Welch’s Fruit Snacks at issue are gummy, multicolored, fruit-flavored snacks, some varieties of which have a yogurt- or peanut butter-based coating. Grisham’s complaint lists 14 specific varieties of Welch’s Fruit Snacks.
A 9-ounce box of Welch’s Fruit Snacks holds 10 individual plastic-wrapped pouches of snacks, at 0.9 ounces each. Grisham says each pouch contains an unacceptable amount of slack-fill, and the box itself contains slack-fill between the pouches.
Both the box and pouches are made of non-transparent materials, making it impossible for consumers to see exactly how much product is inside, Grisham says.
The Welch’s class action argues that consumers reasonably assume that the size of a product’s packaging is a representation of the amount of product inside, and that each package contains a full complement of product – not empty space.
Grisham cites studies conducted by the Cornell Food and Brand Lab that suggests larger packages tend to deceive consumers.
The director of the lab says that when faced with a choice between a larger package and a smaller package, both of which contain the same amount of product, consumers tend to choose the larger package on the assumption it’s a better value.
The plaintiff says she bought a box of Welch’s Fruit Snacks from a Kroger store in Rolla, Mo. Based on the size of the box, she was led to believe she was getting more fruit snacks than she actually was.
Had she known how much empty space there was inside the box she was purchasing, Grisham says, she would either not have purchased them or would have paid less for them. Her Welch’s class action lawsuit raises claims under the Missouri Merchandising Practices Act and a common law claim for unjust enrichment.
Grisham originally filed this Welch’s class action lawsuit in the circuit court for Phelps County, Mo. Welch’s has since removed the action to a Missouri federal court.
Grisham seeks to represent a plaintiff Class consisting of all Missouri citizens who purchased the Welch’s Fruit Snacks at issue within the five years preceding the filing of this Welch’s class action lawsuit.
She is asking the court for an award of damages, restitution and disgorgement, plus court costs and attorneys’ fees.
The plaintiff is represented by attorneys David L. Steelman, Stephen F. Gaunt and Patrick J. Horsefield of Steelman Gaunt & Horsefield.
The Welch’s Fruit Snacks Slack-Fill Class Action Lawsuit is Kristin Grisham v. Welch Foods Inc., et al., Case No. 4:17-cv-00003, in the U.S. District Court for the Eastern District of Missouri.
UPDATE: The Welch’s Fruit Snacks Slack-Fill Class Action Lawsuit was voluntarily dismissed on October 26, 2018.
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31 thoughts onWelch’s Class Action Says Fruit Snacks Packaging Deceives Consumers
Add me
please add me
I think that’s sad that it’s very misleading and I give those to my kids.
Please add me to the list for this settlement.
I, too, live in Missouri and bought this “box” twice in 2016 at my nearby military commissary. The first time it was a ‘special,’ which is a product not normally stocked/ordered but it came in on the truck for a one-time sale. Subsequently, the manager began ordering the product for its regular stocking inventory, and I bought it a second time. I do not plan to buy this ever again.
TWO (2) major disappointments for each individual purchase. Note: I bought the box specifically because of its labeling and the fruit shown on the front of the package – the label “gluten-free” and the variety and number of fruits shown in the picture.
–1st major disappointment: Both boxes were only 1/2-filled with packets. I could have put ALL those packets into one box of half the size.
–2nd major disappointment: I tried one package in each box, and both times I had the severe stomach pain followed by intestinal pain for approximately two and one-half days, which is what happens to me when I eat anything with gluten in it. None of the ingredients says “gluten.” The front of the box says “gluten-free.” I STILL have the box.
For the 1st box, my husband and his mother consumed all the rest of the packets.
For the 2nd box, we still have a few of the packets in the box as much my husband is very much slower to eat it.
I been buying this for my grand children for several years
I have bought these for years for my kids and grandchildren.
This is the every other weekend snacks for the step children. We need to be included
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
how do I sign up. I buy these all the time.